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2005 SCMR 944

SHAFIQUE-UR-REHMAN vs H.M. KHALID

Citation2005 SCMR 944
CourtSupreme Court of Pakistan
Case No.Civil Petition No,2806 of 2003
Date2003-12-22
Judge(s)Falak Sher, Tanvir Ahmed Khan
ResultLeave refused

' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 14-10-2003, whereby the learned Chief Justice of the Lahore High Court, has transferred the suit filed by the petitioner to the Court of a learned Civil Judge, Gujranwala where respondent's suit for the recovery of damages is pending adjudication.

2. We have heard the learned counsel for the petitioner for some time and have gone through the impugned judgment appended with this petition. It is reflected from the perusal thereof that the contract out of which the present proceedings have emanated was executed at Kamoke District Gujranwala and the cheque was also paid over there. The assertion by the petitioner that the agreement was written at Sahiwal, was not substantiated before the learned Judge. It would be appropriate to reproduce the determination of the learned Single Judge of the Lahore High Court, where he was respondent, those are as under:--- "Learned counsel for the respondent on the other hand submitted that agreement was written at Sahiwal and Civil Court at Sahiwal had the jurisdiction to adjudicate upon the matter. He however was unable to give any proof of the fact that the contract was arrived at Sahiwal. Non-judicial stamp paper appears to have been purchased from Kamoke, District Gujranwala which supports the contention of the petitioner. As the cause of action, prima facie and tentatively speaking, has arisen at Kamoke District Gujranwala, I am inclined to allow the petition."

3. Learned counsel for the "petitioner failed to point out any illegality or irregularity in the impugned order warranting interference.

' For what has been stated above, the instant petition being devoid of any force is hereby dismissed. Leave to appeal is declined.

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